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Full text of "Shipping Practice"

36                                SHIPPING PRACTICE

Here again the burden of proof is upon the person who
claims exemption through this section.

Para. 3 stipulates that the shipper shall not be res-
ponsible for any loss sustained by the carrier arising from
any cause without the act, fault or neglect of the shipper,
liis agents or servants.

Para. 4 deals with one of the most important points of
shipping law, which is deviation. It states that "any
deviation in saving or attempting to save life or property
or any reasonable deviation shall not be deemed an in-
fringment of the Rules, and the carrier shall not be liable
for loss or damage resulting therefrom."

Deviation may be divided into three types, deviation,
justifiable deviation, and reasonable deviation. The term
deviation means any departure from the set course ofithe
voyage, and from the moment a vessel leaves her course
the carrier loses all rights to the exemptions and immunities
expressed in his bill of lading. But deviation may be made
justifiable in cases where it is in the interest of all the
parties, such as putting into a port of refuge, or deviating
to save life or property. It is curious to note that in this
section the term life or property is stated. This is the first
time that any permission to save property alone has been
incorporated in statute law or allowed in shipping. An
explanation of the word "reasonable," which is a word also
found in this section, may be made by classing deviations
of this type as deviations made in the interest of all parties
concerned. Deviation in itself is something to be abhorred,
for unless the 'master can secure a satisfactory decision,
great loss and inconvenience may be caused to his owners.
In extending the earlier remark, that from the time of
deviation all exemptions and immunities are lost to the
carrier, it is as well to point out that these are immediately
lost, and they are not recoverable for the remainder of the
trip, and the owner may suffer a Joss perhaps two or three
days after deviation occurred, and steamer returned to her
original course. It is, therefore, not advisable to accept this
dause upon its face value.